If you are in the military, you may wonder if filing for divorce differs from divorce for civilians. This is a good question.
In most cases, military divorce involves many of the same situations and issues as any other divorce – property division, alimony, and child custody will all be decided during the process. While this is true, special circumstances and laws apply when you are in the military.
When going through a military divorce, no matter if you or your spouse are a current or former member of the armed services, it is important to hire an attorney who has experience with these cases and situations. What this means is that an attorney who deals with mostly civilian divorce cases may not be suitable for your case or situation.
At Griffin Family Law, we have years of experience representing current and former members of the military and helping them with their divorce proceedings. We can put our knowledge of military and Florida divorce laws to work for you in and out of the courtroom to ensure you get the quality, professional representation you need and deserve.
Do you need help making sure your rights are protected during your military divorce? If so, the first step is to get in touch with us to find out more about the services we offer.
Our Professional Representation for Military Members
If you are currently on active duty in the military, it may be challenging to defend yourself during divorce proceedings or during other family law matters. Because of this, based on military law, a family law case, including divorce, which is filed against someone who is actively serving may be delayed or postponed. Initially, the postponement of your case will be for 90 days, but there is the possibility that it will be extended until you (or the service member) come back from active duty.
Issues Related to Military Benefits and Pensions
Based on Florida’s divorce law, the civilian spouse in the marriage has the right to get part of the military spouse’s pension in the divorce settlement. This does not depend on how long the couple was married. While this is true, the marriage’s length may impact the way the pension is paid out to the spouse who was not in the military. Based on the marriage’s length, along with other factors, the spouse who was not in the military can receive their share of this from the government instead of from their ex-spouse.
A retired service member who is enrolled in the Survivor Benefit Play may also have property rights. This specific benefit plan serves as an annuity that lets retired members of the service continue providing income to the named beneficiary if the retiree passes away. Upon the service member’s retirement, their spouse is named the beneficiary of this plan. For service members who are divorcing, it is necessary to get in touch with the Defense Finance and Accounting Service. This is the organization that will be able to change the beneficiary’s name.
For some divorces, the final divorce judgment requires a service member to keep offering SBP coverage to their ex. While this is true, the settlement ordered by the court is not enough to make sure that the civilian ex-spouse will keep getting the coverage they are entitled to. The beneficiary must make a request, called the “deemed election,” within the set deadline. If the guidelines are not followed, then the nonmilitary spouse may wind up completely forfeiting their rights to the military spouse’s SBP.
Common Questions about Florida Military Divorces
At Griffin Family Law, we are dedicated to ensuring our clients receive the best representation possible. Below find answers to some of the most asked questions.
Is a military divorce based on Neptune Beach or military law?
For military divorces, it is necessary to follow both Florida and military law requirements. Usually, Florida law will govern the situation, but the military code determines how benefits from the military are distributed in the divorce process.
Will adultery be considered during a military divorce?
Florida is considered a no-fault divorce state. Because of this, adultery is not relevant in these situations. Also, it is typically not even a discussion point because of the laws in the state. While this is true, there may be military consequences for cases of adultery based on military law.
Contact Our Jacksonville Military Divorce Lawyer
Do you need help with your Florida military divorce? If so, Griffin Family Law is ready to help. We have years of experience handling both civilian and military divorce and can ensure that your case gets the attention it deserves. We put our expertise and experience to work for every client we serve. Contact us today to learn more about our legal services.